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JimLawyer
JimLawyer, Solicitor
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Experience:  Senior Associate Solicitor
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Is it possible to get an injunction against an individual

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Hello
JA: Hello. How can I help?
Customer: Is it possible to get an injunction against an individual that is threaten to post up personal pictures and writings that will cause me reputation all damage in the community
JA: Where are you? It matters because laws vary by location.
Customer: UK
JA: What steps have you taken so far?
Customer: This is about Facebook and Instagram posts this is in relation to relationship breakdown no steps taken I’m a known public figure in my community such posts could damage my reputation and my business
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The threat is akin to a form of blackmail. Unless I agree to marry this person, this person threatens to malign me on socia Media

Hello, my name is Jim and I am a qualified lawyer happy to help you today.

You can do yes, though with the blackmail you may want to speak to the Police on the 101 number - they may be able to deal with this for you.

If they say they can't then the best way forwards would be to apply to the local county court for a civil injunction.

However, before you do this, send the individual a cease and desist letter to warn them of your intentions unless they stop (and give them 7 days to stop their conduct). A template “cease and desist” letter is available at www.lawdepot.co.uk. You can use your own letter if you wish - it just has to make it clear this is a cease and desist letter, that you demand they stop their conduct, and that if they do not within 7 days you will apply to the court for the injunction and seek your costs.

That letter may well be enough to stop the conduct - as an injunction is a serious legal remedy.

Assuming they continue, you will need to complete the attached N208 claim form (to start proceedings) and the application for an injunction N16a form and send to your county court with a fee of £308 payable to HMCTS (unless you have a low income/low savings and/or you are in receipt of benefits in which case you can get a fee exemption so you do not have to pay).

For a fee exemption you need to also send to the court form EX160 (also attached). If you do not qualify for the fee exemption, you can pay either by cheque or attend the court and pay at the counter. You will need to prepare a witness statement to accompany the form. A template is attached for you to use.

You will need to detail the history of the issues with the individual to paint a picture for the Judge as they will not know what this person is like and what they have threatened to do unless you describe it.

If the injunction application is successful you can ask the court for a costs order to be paid by the individual.

The court will list a hearing where you attend and ask the District Judge for an order and the injunction. The application would be made under Section 1 of the Protection from Harassment Act 1997 . Harassment is defined as “unwanted conduct designed to cause the victim alarm or distress”.

If granted, the Order is then served on the individual concerned and they are bound by the court order - if they breach the order, they are in contempt of court and could well face a fine and a prison term.

The cease and desist letter may work so you may not need to apply. I recommend you go to the local county court in person with the forms to ensure they are correct - they are fairly complex so it would save time by you doing this - the court staff should check them before they issue the papers.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

Customer: replied 18 days ago.
Thank you for your advice.
I don’t think a cease and desist letter would do any good as that would instigate the damage to be done immediately. I am also barrister by qualification, though not in practice and this is not an area of law that I understand very well. However, do the courts order closure of social network accounts ? My fear is that when the person concerned revives the injunction they may act impulsively and do the damage irrespective of the outcome of such
Customer: replied 18 days ago.
Sorry I’m overseas at the moment and I won’t be able to take a call

The injunction can be made to block or delete a social media account, yes. It's within the court's remit to order that. If they do the damage then they would be held in contempt and probably face committal so if they did that they may face a prison term. I can't take a call either but ongoing questions online are fine with me. If a cease and desist letter would not work or cause a problem then you could make the application - if you are overseas you would need a law firm to apply for you but there are couple of companies who offer cost-effective solutions such as www.absolutebarrister.com/areas-of-law and www.clerksroom.com

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